Download or read book The Constitution of Private Governance written by Harm Schepel and published by Hart Publishing. This book was released on 2005-02 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers the first systematic treatment of European, American and international 'standards law' in the English language.
Download or read book The Constitution of Private Governance written by Harm Schepel and published by . This book was released on 2005 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: In quantity and importance, private standards are rapidly taking over the role of public norms in the international and national regulation of product safety. This work provides a comprehensive overview of the rise, role and status of these standards in the legal regulation of integrating markets.
Download or read book A Constitutional Framework for Private Governance written by Christoph Engel and published by . This book was released on 2004 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulation is almost a synonym for public law. Government, relying on its sovereign powers, intervenes into freedom for the sake of social betterment. Reality less and less coincides with this traditional picture. Regulation is increasingly replaced by private or hybrid governance, i.e., by blends of private and public elements. Constitutional doctrine is not well prepared for the ensuing four-polar conflict. The four actors are government, the private regulator, its addressees, and the protectees. Constitutional doctrine treats private regulation as an exercise of freedom. The interest of protectees in good governance consequently lacks constitutional status. The conflict between private regulators and addressees is treated as if it were a normal conflict between two groups of individuals having opposing interests. An appropriate solution makes a difference between the constitutional protection of freedom and autonomy. The German constitution does indeed also protect autonomy, of municipalities, public broadcasters, universities, and private regulators. But the scope and level of protection against governmental interference reflects the governance task of private regulators. In a second respect, constitutional doctrine also ought to be amended. Private governance is rarely governance by law. It more often relies on social norms, technical code, incentives, or mixtures of legal with non-legal governance tools. The normative value of governance by law can be reflected in objective constitutional law. Finally, from all this a first set of insights can be derived for the constitutional treatment of hybrid governance.
Download or read book Private Governance written by Edward Stringham and published by Oxford University Press, USA. This book was released on 2015 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the world's first stock markets, to private policing in San Francisco, to millions of credit card transactions, Private Governance makes the case that private rules and regulations are more common and effective than most people know. Private governance works behind the scenes and helps make the modern economy possible.
Download or read book Private Government written by Elizabeth Anderson and published by Princeton University Press. This book was released on 2019-04-30 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why our workplaces are authoritarian private governments—and why we can’t see it One in four American workers says their workplace is a “dictatorship.” Yet that number almost certainly would be higher if we recognized employers for what they are—private governments with sweeping authoritarian power over our lives. Many employers minutely regulate workers’ speech, clothing, and manners on the job, and employers often extend their authority to the off-duty lives of workers, who can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. In this compelling book, Elizabeth Anderson examines why, despite all this, we continue to talk as if free markets make workers free, and she proposes a better way to think about the workplace, opening up space for discovering how workers can enjoy real freedom.
Download or read book Purchasing Submission written by Philip Hamburger and published by Harvard University Press. This book was released on 2021-09-07 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Download or read book The Classical Liberal Constitution written by Richard A. Epstein and published by Harvard University Press. This book was released on 2014-01-06 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: American liberals and conservatives alike take for granted a progressive view of the Constitution that took root in the early twentieth century. Richard Epstein laments this complacency which, he believes, explains America’s current economic malaise and political gridlock. Steering clear of well-worn debates between defenders of originalism and proponents of a living Constitution, Epstein employs close textual reading, historical analysis, and political and economic theory to urge a return to the classical liberal theory of governance that animated the framers’ original text, and to the limited government this theory supports. “[An] important and learned book.” —Gary L. McDowell, Times Literary Supplement “Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus...Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood...All of Epstein’s particular discussions are instructive, and most of them are provocative...Epstein has written a passionate, learned, and committed book.” —Cass R. Sunstein, New Republic
Download or read book Public Law and Economics written by Omran Mohammadi and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sharing economy repurposed the concept of private governance in law and economics literature. This concept emerged as an institution that exercises political power tied to public governance. It mostly appears in a political context in international scale with regard to economy and environment. The domestic notion of this concept is not in a legal context. It is mostly in a political context as private politics. In the context of sharing economy we educe three general approaches shaping the legal position of this concept; recognition, regulation, and restriction. In regard to the general concept of private governance in the context of law and economics, this article aims: to identify the legal models and legal frameworks of private governance; to analyze the legal position of private governance; and to locate the public governance in relation to private governance.
Download or read book Private Property and the Limits of American Constitutionalism written by Jennifer Nedelsky and published by University of Chicago Press. This book was released on 1994-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalists vision of the Constitution; an interdisciplinary investigation.
Download or read book On Private Governance written by Bart J. Wilson and published by . This book was released on 2017 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edward Peter Stringham's book 'Private Governance: Creating Order in Economic and Social Life' is a compelling defense of the proposition that private governance is more widely used and more effective than most people think. Stringham looks to history to see how people solved problems of fraud and cheating without government intervention and provides example after compelling example to contradict the strong claim that a government or any third-party enforcer is necessary for voluntary exchange. While Stringham doesn't take on the tough problem that private governance is not sufficient for its task, his book is intended to be the beginning, not the end, of thinking about private governance.
Download or read book Sharing Power written by Donald F. Kettl and published by Brookings Institution Press. This book was released on 2011-07-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the flush of enthusiasm to make government work better, reformers from both left and right have urged government to turn as many functions as possible over to the private sector and to allow market competition instill efficiency and choice. In fact, government has been doing just this for years: every major policy initiative launched since World War II has been managed by public-private partnerships. Yet such privatization has not solved government's problems. While there have been some positive results, thee has been far less success than advocates of market competition have promised. In a searching examination of why the "competition prescription" has not worked well, Donald F. Kettl finds that government has largely been a poor judge of private markets. Because government rarely operates in truly competitive markets contracting out has not so much solved the problems of inefficiency, but has aggravated them. Government has often not proved to be an intelligent consumer of the goods and services it has purchased. Kettl provides specific recommendations as to how government can become a "smart buyer," knowing what it wants and judging better what it has bought. Through detailed case studies, Kettl shows that as market imperfections increase, so do problems in governance and management. He examines the A-76 program for buying goods and services, the FTS-2000 telecommunications system, the Superfund program, the Department of Energy's production of nuclear weapons, and contracting out by state and local governments. He argues that government must be more aggressive in managing contracts if it is to build successful partnerships with outside contractors. Kettl maintains that the answer is not more government, but a smarter one, which requires strong political leadership to refocus the bureaucracy's mission and to change the bureaucratic culture.
Download or read book Public Policymaking by Private Organizations written by Catherine E. Rudder and published by Brookings Institution Press. This book was released on 2016-07-12 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: How private groups increasingly set public policy and regulate lives—with little public knowledge or attention. From accrediting doctors and lawyers to setting industry and professional standards, private groups establish many of the public policies in today’s advanced societies. Yet this important role of nongovernmental groups is largely ignored by those who study, teach, or report on public policy issues. Public Policymaking by Private Organizations sheds light on policymaking by private groups, which are not accountable to the general public or, often, even to governments. This book brings to life the hidden world of policymaking by providing an overview of this phenomenon and in-depth case studies in the areas of finance, food safety, and certain professions. Far from being merely self regulation or self-governance, policymaking by private groups, for good or ill, can have a substantial impact on the broader public—from ensuring the safety of our home electrical appliances to vetting the credit-worthiness of complex financial instruments in the run-up to the 2008 financial crisis. From nonprofit associations to multinational corporations, private policymaking groups are everywhere. They certify professionals as competent, establish industry regulations, and set technical and professional standards. But because their operations lack the transparency and accountability required of governmental bodies, these organizations comprise a policymaking territory that is largely unseen, unreported, uncharted, and not easily reconciled with democratic principles. Anyone concerned about how policies are made—and who makes them—should read this book.
Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Download or read book Transnational Private Governance and its Limits written by Jean-Christophe Graz and published by Routledge. This book was released on 2007-09-12 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores a variety of forms of transnational private governance where non-state actors cooperate across borders to establish rules and standards accepted as legitimate by other agents. Transnational private governance is a core feature of the devolution of power that we observe in the global realm and that is bringing about new forms of authority. Transnational Private Governance provides theoretically and empirically informed insights into the interactions between states and non-state actors including domains beyond intergovernmental organizations, conventional non-governmental organizations, and multinational enterprises, covering a wide range of arrangements, from highly formal devolutions of power to lax and informal platforms of interaction between private actors. Contributing to the latest generation of globalization studies, the authors consider the relationship between states and markets as closely integrated and seek to broaden the scope of enquiry by including new patterns and agents of change on a transnational basis. This book will be of great interest to researchers and students of political science, international political economy, economics, business studies, globalisation and law.
Download or read book Private International Law and Global Governance written by Horatia Muir Watt and published by . This book was released on 2014 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary debates about the changing nature of law engage theories of legal pluralism, political economy, social systems, international relations (or regime theory), global constitutionalism, and public international law. Such debates reveal a variety of emerging responses to distributional issues which arise beyond the Western welfare state and new conceptions of private transnational authority. However, private international law tends to stand aloof, claiming process-based neutrality or the apolitical nature of private law technique and refusing to recognize frontiers beyond than those of the nation-state. As a result, the discipline is paradoxically ill-equipped to deal with the most significant cross-border legal difficulties - from immigration to private financial regulation - which might have been expected to fall within its remit. Contributing little to the governance of transnational non-state power, it is largely complicit in its unhampered expansion. This is all the more a paradox given that the new thinking from other fields which seek to fill the void - theories of legal pluralism, peer networks, transnational substantive rules, privatized dispute resolution, and regime collision - have long been part of the daily fare of the conflict of laws. The crucial issue now is whether private international law can, or indeed should, survive as a discipline. This volume lays the foundations for a critical approach to private international law in the global era. While the governance of global issues such as health, climate, and finance clearly implicates the law, and particularly international law, its private law dimension is generally invisible. This book develops the idea that the liberal divide between public and private international law has enabled the unregulated expansion of transnational private power in these various fields. It explores the potential of private international law to reassert a significant governance function in respect of new forms of authority beyond the state. To do so, it must shed a number of assumptions entrenched in the culture of the nation-state, but this will permit the discipline to expand its potential to confront major issues in global governance.
Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
